notice of intent to adopt lee county resolutions to assess

NOTICE IS HEREBY GIVEN that on Tuesday, June 23rd, 2009, at 5:00 p.m. in the County Commissioner’s Meeting Room, Old Lee County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County Florida, will consider the adoption of eleven (11) Resolutions to Assess the properties within the boundaries of the following Municipal Service Benefit Units (MSBU’s) for Fiscal Year 2009-2010.

1.In accordance with Section 5 of Lee County Ordinance No. 02-16, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE ANCHORAGE INTRACOASTAL SPECIAL IMPROVEMENT UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 02-16; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION

2.In accordance with Section 5 of Lee County Ordinance No. 96-07, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE CHERRY BLUEBERRY SPECIAL IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO.96-07; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

3.In accordance with Section 4 of Lee County Ordinance No. 79-12, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE COUNTRY ESTATES UNIT 3 STREETLIGHTING UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO.79-12; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

4.In accordance with Section 7 of Lee County Ordinance No. 83‑23, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE COUNTRY LAKES STREETLIGHTING UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 83-23; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

5.In accordance with Section 5 of Lee County Ordinance No. 02-17, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE DEWBERRY LANE SPECIAL IMPROVEMENT UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 02-17; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING

DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

6.In accordance with Section 5 of Lee County Ordinance No. 07-37, the title of the Resolution is as follows:A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE GASPARILLA ISLAND SPECIAL IMPROVEMENT MSBU PROVIDING FOR THE TOTAL COST OF THE IMPROVEMENT, THE METHOD OF APPORTIONING THE ASSESSMENT, THE ASSESSMENT ROLL, PROVIDING FOR A NOT-TO-EXCEED ASSESSMENT AMOUNT; THE INTREST RATES; OTHER TERMS OF THE ASSESSMENT, INCLUDING PENALTIES, AND EFFECTIVE DATES;PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER.

7.In accordance with Section 4 of Lee County Ordinance No. 81‑9, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE GOLDEN LAKE HEIGHTS STREETLIGHTING UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO.81-9; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

8.In accordance with Section 7 of Lee County Ordinance No. 79‑20, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE PINE LAKE STREETLIGHTING UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 79-20; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

9.In accordance with Section 5 of Lee County Ordinance No. 09-03, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE RIVER FOREST STREETLIGHTING MSBU PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 09-03; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

10.In accordance with Section 5 of Lee County Ordinance No. 84‑13, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE SHELTERING PINES MOBILE HOME VILLAGE SPECIAL IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 84-13; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION.

11.In accordance with Section 5 of Lee County Ordinance No. 00-04, the title of the Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO ASSESS THE PROPERTY WITHIN THE BOUNDARIES OF THE UNIVERSITY OVERLAY LANDSCAPE O&M SPECIAL IMPROVEMENT UNIT PURSUANT TO THE PROVISIONS IN LEE COUNTY ORDINANCE NO. 00-04; PROVIDING FOR THE SPECIAL ASSESSMENT CHARGES; PROVIDING FOR A NOT TO EXCEED ASSESSMENT AMOUNT; PROVIDING DIRECTION FOR PLACEMENT OF THE SPECIAL ASSESSMENT ONTO THE LEE COUNTY TAX BILL FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR THE 2009 TAX YEAR AND EVERY YEAR THEREAFTER; PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED RESOLUTION

Approval of the Resolutions by the Board of County Commissioners will provide for collection of the special assessment on the annual tax bill as provided for.Failure of payment of the assessment will cause a tax certificate to be issued against the property, which may result in the loss of title.

A copy of these Resolutions are on file in the Minutes Department of the Office of the Clerk of Circuit Court of Lee County and the Office of Public Resources both located in the County Administration Building, 2115 Second Street, Fort Myers, Florida.

Interested parties may appear at the meeting in person or through counsel, and be heard with respect to the adoption of the proposed Resolutions.

Pursuant to the above Ordinances, a property owner, whose property has been assessed, shall have the right to petition the Board of County Commissioners for correction of any inaccuracy in the assessment or its apportionment within ten (10) days of the adoption of the Resolution to Assess.Upon the lapse of ten (10) days of adoption of the Resolution to Assess, excluding amendments thereto, all assessments shall be deemed conclusive unless the property owner has filed a petition for administrative review.

If a person decides to appeal a decision made by the Board with respect to any matter considered at such meeting or hearing, a record of the proceeding will be needed for such purpose.Such person may need to insure that a verbatim record of the proceeding is made, to include the testimony and evidence upon which any such appeal is to be made.

1. ANCHORAGE/INTRACOASTAL CHANNEL MAINTENANCE DREDGING

(Proposed Assessment $1,456.88/lot)

LEGAL DESCRIPTION

Section 36, Township 45, Range 23, Area 27, Lots 0010-0120, in Intracoastal Harbour Subdivision as identified in Plat Book 45, pages 37 and 38, and Section 36, Township 45, Range 23, Area 15, lots 0010-0120 in the Shadows Subdivision as identified in Plat Book 32, Page 12, and a tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 36, Township 45 South, Range 23 East, being a part of Lot 1, The Shallows, as recorded in Plat Book 32, at Page 12, and further described as follows:

Starting at the Northeast corner of said Lot 1; thence South along the West line of Anchorage Way (60.00 feet wide) for 100.00 feet to the point of beginning; thence West for 180.18 feet; thence North for 125.00 feet; thence West along the Northerly most line of said Lot 1 for 25.00 feet; thence South along the Westerly line of said Lot 1for 225.00 feet; thence East along the North line of Iona Loop Road (50.00 feet Wide for 175.18 feet to the beginning of a curve concave to the Northwest having a Radius of 30.00 feet; thence Northwesterly along said curve through a central angle Of 90° 00’ 00” for 47.12 feet; thence North along the West line of said Anchorage Way (60.00 feet wide) for 70.00 feet to the point of beginning. and a tract or parcel of land lying in Section 25 and 36, Township 45 South, Range 23 East, Lee County, Florida which tract or parcel is described as follows:

From the railroad spike marking the Southeast corner of Government Lot 1, said Section 36, run North along the Easterly line of said lot for 25 feet to an intersection with the Northerly line of Iona Loop Road (50 feet wide); thence run West along said Northerly line parallel with the South line of said lot for 161.5 feet to a concrete monument; thence continue West along said Northerly line for 200 feet; thence run North along the

centerline of a roadway 60 feet wide for 1093.10 feet to the center point of a roadway turnaround of radius 65 feet; thence run N 55° 06’ 56” W for 65 feet to a point on the circumference of said turnaround and the Point of Beginning of the herein described parcel.From said Point of Beginning run S 55° 06’ 56” E for 65 feet to the center point of said turnaround; thence run N 87° 31’ 39” W for 65 feet to a point on the circumference of said turnaround; thence run West for 170.24 feet to an inter-section

with a line parallel with and 596.68 feet West of the East line of said Government Lot 1; thence run North along said parallel line for 207.64 feet to a concrete monument marking

the intersection with the North line of said Section 36; thence run N 00° 10’ 45” W for 75 feet more or less to the waters of the Caloosahatchee River; thence run Northeasterly along said waters for 190 feet more or less to an intersection with a line bearing North,

passing through the Point of Beginning; thence run South along said line for 290 feet more or less to the Point of Beginning.

2. CHERRY BLUEBERRY IMPROVEMENT UNIT

(Proposed Assessment $66.93/lot)

LEGAL DESCRIPTION

Located in Section 02, Township 46, Range 22- Lots 1 through 58 in Block B and Lots 1 through 62 in Block C as recorded in OR Book 497 Pages 4 and 5, and OR Book 576 Page 462, of the Cherry Estates Unrecorded Subdivision

3. COUNTRY ESTATES, UNIT 3, STREETLIGHTING UNIT

(Proposed Assessment $30.65/lot)

LEGAL DESCRIPTION

The North 1135 feet of the West One Half (W ½) of the West One Half (W ½) of the Southwest Quarter (SW ¼) of Section 2, Township 44 South, Range 25 East and the West 5 feet of the North 1135 feet of the East Half (E ½) of the West Half (W ½) of the Southwest Quarter (SW ¼) of Section 2, Township 44 South, Range 25 East and the East 20 feet of the North 1135 feet of the Northeast Quarter (NE ¼) of the Southeast Quarter (SE ¼) of Section 3, Township 44 South, Range 25 East, all in Lee County, Florida

Comprised of tracts or parcels of land situated in Sections 9, 15 & 16, Township 44 South, Range 25 East, Lee County, Florida. Said Tracts or parcels more particularly described as follows: Lots 17 through 32, Sunnyacres Estates as recorded in Plat Book 10 at Page 52 in the Public Records of Lee County, more particularly described as: A portion of the SE ¼ of the SE ¼ of Section 9 – Township 44 South, Range 25 East, Lee County, Florida, more particularly described as follows; Beginning at the SE corner of the SE ¼ of said Section 9; thence North along the East line of the SE ¼ of said Section 9 for a distance of 916.08 feet; thence West for a distance of 1318.31 feet, thence South for a distance of 912.52 feet to the South line of the SE ¼ of said Section 9; thence East along the South line of the SE ¼ of said Section 9 for a distance of 1319.88 feet to the point of beginning; Less the East 33 feet thereof which is not a part of this plat and less that portion deeded for a FPL power easement right-of-way.Lots 1 through 36, Block “A” and Lots 1 through 35, Block “B”, Golden Lake Heights Subdivision as recorded in Plat Book 10 at Page 11 in the Public Records of Lee County.Lots 1 through 14 and the North half of undivided Lot A, Unit 2, Golden Lake Heights Subdivision as recorded in Plat Book 23 at Page 63 in the Public Records of Lee County, more particularly described as: From the Northeast corner of Section 16, Township 44, South, Range 25 East, run S º51'along the East line of said section, a distance of 660.14 feet; West 33.03 feet to the P.O.B.; thence S 1º51' E 606.84 feet; thence S 89º32' W 1276.51 feet; thence N 0º57' W 617.0 feet along the R/W line of state road S 80-B (Ortiz Avenue); thence East 1267.26 feet to the P.O.B. ALSO: Commencing at the Northwest corner of said Section 15; Thence Easterly on the centerline of Luckett Road for distance of 25.00 feet; Thence Southerly on a Northerly prolongation of the East right-of-way line of Golden Lake Road for distance of 25.00 feet to the point of beginning. From said point of beginning continue Southerly on the East right-of-way line of Golden Lake Road for distance of 368.45 feet; Thence East for distance of 80.57 feet; Thence North for distance of 368.52 feet; Thence West on South right-of-way line of Luckett Road for distance of 80.58 feet to the point of beginning. Said Tract being comprised of Lots 1, 8 and 9 of unplatted McCleod Subdivision.ALSO: The Northwest quarter of the Southwest quarter of the Northwest quarter of said Section 15. Said parcel being Golden Lake unplatted Subdivision.

ALSO: The South 132 feet of the West half of the Southwest quarter of the Northwest quarter of the Northwest quarter of said Section 15.

8. PINE LAKE STREETLIGHTING UNIT

(Proposed Assessment $92.02/lot)

LEGAL DESCRIPTION

A tract of land lying in the Northwest Quarter (NW ¼) of Section 13, Township 45 South, Range 24 East, Lee County, Florida, more particularly described as follows:Beginning at the Northeast corner of the Northwest Quarter (NW ¼) of said Section 13, run S. 00°42'20" W. along the East line of said Northwest Quarter (NW ¼) for 1254.71

feet to a point on the Northerly right-of-way line of Crystal Drive: thence run S. 89°40'20" W. along said Northerly right-of-way line for 1477.64 feet to a point of curvature; thence run Westerly, Northwesterly and Northerly along the arc of a curve to the right with a radius of 35.00 feet (chord bearing N. 45°18'55" W., chord distance 49.51 feet) for 54.99 feet to a point on the Easterly line of Beacon Boulevard and a point of tangency; thence run N. 00°18'10" W. along said Easterly line for 423.10 feet to a point of curvature; thence run Northeasterly along said Easterly line

on the arc of a curve to the right with a radius of 809.84 feet (chord bearing N. 19°09'20" E., chord distance 536.89 feet) for 547.24 feet to a point of compound curvature, said point being on the Southerly right-of-way line of Leisure Drive as shown on the plat of Leisure Estates, Unit No. 3 Part 1, recorded in Plat Book 25 at Page 129 of the Public

Records of Lee County; thence run Northeasterly, Easterly and Southerly along said Southerly right-of-way line on the arc of a curve to the right with a radius of 25.00 feet (chord bearing N. 78°54'57" E. chord distance 32.49 feet) for 35.36 feet to a point of reverse curvature; thence run Southeasterly and Easterly along said Southerly right-of-way line on the arc of a curve to the left with a radius of 305.00 feet (chord bearing S. 75°29'32" E., chord distance

157.19 feet) for 158.98 feet to a point of tangency; thence run N. 59°34'30" E. along said Southerly right-of-way line for 140.07 feet to a point of curvature; thence run Southeasterly along said Southerly right-of-way line on the arc of a curve to the right with a radius of 339.69 feet (chord bearing S. 82°36'40" E., chord distance 92.40 feet) for 92.69 feet to a point of reverse curvature; thence run Easterly and Northeasterly along said Southerly right-of-way line on the arc of a curve to the left with a radius of 780.00 feet (chord bearing N. 58°04'20" E., chord distance 541.61 feet) for 1010.89 feet to a point on the North line of said Section 13; thence run N. 69°51'30" E. along said North line for 66.11 feet to the point of beginning.

Sheltering Pines Mobile Home Village, as recorded in O. R. Book 493, Pages 607 and 608 and O.R. Book 1004, Page 1773, Public Records of Lee County, Florida; said tract or parcel more particularly described as follows:N½of Section 20, Township 46 South, Range 25 East.

11. UNIVERSITY OVERLAY LANDSCAPE O & M

(Proposed Assessment $2.65/front foot)

LEGAL DESCRIPTION

Area within 100 feet on both sides of the right-of-way on the following road segments; Ben Hill Griffin Parkway (formerly Treeline Boulevard) from Alico Road to Corkscrew Road; Alico Road from I-75 to Ben Hill Griffin Parkway; Corkscrew Road from I-75 to Ben Hill Griffin Parkway, and the future Koreshan Boulevard from I-75 to Ben Hill Griffin Parkway.

PLEASE BE GOVERNED ACCORDINGLY,

The text of this Notice is pursuant to and in conformance with Sections 125.66 and 197.3632, Florida Statutes.

BOARD OF COUNTY COMMISSIONERSOF LEE COUNTY, FLORIDA

By: ___________________________________

Charlie Green, Ex-Officio Clerk of theBoard of County Commissioners of Lee County, Florida